simultaneous possession of drugs and firearms arkansasFebruary 2023
an indication of any specialized knowledge on the part of any firm members. This is the most serious classification for felonies and is reserved for the severest of crimes. P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? (a) No person shall unlawfully commit a felony violation of 5-64-4195-64-442 or unlawfully attempt, solicit, or conspire to commit a felony violation of 5-64-4195-64-442 [drugs] while in possession of: (d) It is a defense to this section that the defendant was in his or her home and the firearm or other implement or weapon was not readily accessible for use. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. Section 5-74-106 - Simultaneous possession of drugs and firearms (a) A person shall not unlawfully commit a felony violation of 5-64-419 - 5-64-442 or unlawfully attempt, solicit, or The charge of simultaneous possession of drugs and a firearm is a Class Y felony that is punishable by up to 10 to 40 years or life in prison. (1). Contact us. He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession This is not a one size fits all situation. Does everyone charged with these crimes face the same consequences? 5-74-106 - Simultaneous possession of drugs and firearms. The law does not require that the gun or weapon be displayed or used. No. What should I do if Ive been charged with simultaneous possession? Additionally, the severity of the charges you face may depend on your unique circumstances for example, some consequences might be determined by the amount of drugs in your possession, or the type of drugs in your possession. Thank you. Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. Interact directly with CaseMine users looking for advocates in your area of specialization. We are located in Nashville, Arkansas. R. Crim. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The stakes are high, so the choice of a criminal defense lawyer to handle such as case is important. No member of the firm has been certified by any board (c) This section does not apply to a misdemeanor drug offense. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. Juries in Arkansas have given life in some drug cases, even where the quantities are not all that great. On August 17, 2017 at approximately 1933 hours, Deputy Brown was patrolling the 2000-3000 block of W. Ave B, when he observed a red 1997 Toyota Corolla bearing Arkansas license 314126, commit the traffic violation of no turn signal, in violation of Arkansas Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of, Any implement or weapon that may be used to inflict serious physical injury or death, and that under the circumstances serves no apparent lawful purpose. Simultaneous Possession of Drugs and Firearms A person with drugs and a gun or other weapon on them is assumed to have intended to further an offense like drug trafficking or commit a crime against a person. If you have a problem we are unable to help you with we will happily refer you to another attorney or firm. Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. Thunderstorms likely. Although these are serious charges, and should be treated as such, with the right attorney by your side you have a much better chance at navigating through what can be murky legal water. Its also important to note that you can be charged with this crime even if the weapon is not displayed or used simply possessing it is a violation of the law. section 5-74-106 - simultaneous possession of drugs and firearms(a)a person shall not unlawfully commit a felony violation of 5-64-419- 5-64-442or unlawfully attempt, solicit, or conspire to commit a felony violation of 5-64-419- 5-64-442while in possession of: (1)a firearm; or(2)any implement or weapon that may be used to inflict serious 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. All rights reserved. Class Y felonies are punishable by 10 to 40 years or life in prison. Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. The relevant facts are not in dispute. Law enforcement officials are not always correct, and there are plenty of potential defenses that can help you beat the charges or greatly minimize the legal consequences. Asa Hutchinsons son arrested again on DWI, drug, firearm charges, Zach Hager, keyholder at The Source dispensary in Rogers, driven to help others, Does Asa have a chance at the presidency? On April 23, 2001, the trial court Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. The 47-year-old son of former Arkansas Gov. The Bi-State Narcotics Task Force recently served a warrant in Texarkana Arkansas resulting in Marcus Martin being arrested and charged with simultaneous possession of drugs Our monthly magazine is free at over 500 locations in Central Arkansas. A conviction can result in decades to life in prison. 5-74-106 (Repl. | Last updated March 26, 2008. In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and possession with intent to deliver of methamphetamine and cocaine and simultaneous possession of guns and drugs, and made them subject to 70% parole eligibility. As with all criminal cases, the defenses available in a particular case depend on the specific facts and circumstances of that case. The information on this website is for information only. However, thats not the only defense that can be raised. In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. 2005), the trial court in CR-2010-1022 lacked authority to place him on possession of a controlled substance with intent to deliver and to simultaneous possession of drugs and firearms. Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. If youve been charged with a drug-related crime, its time to. The son of former Arkansas Gov. In Arkansas, though, it is not just actual possession that will get you in trouble; there is a concept known as constructive possession that courts will apply to find that the weapon, although not physically possessed by the Defendant, was still possessed by him. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. 5-64-419 through 5-64-442. This article was edited and reviewed by FindLaw Attorney Writers child bait Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. and simultaneous possession of drugs and firearms, a felony. The 47-year-old son of former Arkansas Gov. Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. In the state of Arkansas, drug-related criminal charges are truly no joke. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . Court of Appeals of Arkansas, Division II. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. The Arkansas courts use constructive possession in both drug cases and firearms cases and it can be implied based on the circumstances surrounding the finding of the All rights reserved. An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. of A data geek charts it out. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. If you have been charged, have a criminal defense lawyer review and evaluate your case. On Wednesday, Jan. 18, the CADTF with the Searcy Police Department and White County Sheriffs Office performed a search on the home of Kelsey Miller, 29, of Searcy. 5-74-106. CR 96-473 The featuring summaries of federal and state In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge You can do it for as little as $1. The latest breaking updates, delivered straight to your email inbox. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. 5-74-106. Read the full article. (a) No person shall unlawfully commit a felony violation of 5-64-401 or Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. According to a news release from the Searcy Police Department, CADTF Investigators located 165 ecstasy pills,102 Xanax pills possibly laced with fentanyl, and a loaded firearm. Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. Investigation turns into a drug bust in White County, Former police chief charged with felony after selling gun to pawn shop, A-State sees little to no complaints after TikTok Wi-Fi ban, Antidrag bill hearing scheduled for Thursday, Blytheville police issue warrant for murder suspect. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. It is important to remember that each and every case is unique, which unfortunately means there isnt a singular solution that will work for everyone. 1997), a class Y felony, and three other drug-related offenses. Arkansas class Y drug offenses and parole eligibility. Weve been waiting for a return call from the Benton County sheriffs office for details, but others, including KFSM, have confirmed the arrest Friday of former Governor Hutchinsons son Williams Asa Hutchinson III. The younger Hutchinson has previous arrests on similar charges. Anyone found guilty of violating this section of the Arkansas law will be charged with a Class Y felony, which is the most serious felony charge you can receive in the state. Court of Appeals of Arkansas Division III. Class Y felonies are punishable Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or He was booked in Washington County (Arkansas) at 10:50 p.m. CT on charges of possession with the intent to deliver, possession of drug paraphernalia and possession of drugs and firearms.. Supreme Court of Arkansas a Pulaski County jury of simultaneous possession of drugs and firearms and possession of a controlled substance with the intent to deliver. Supporting the Arkansas Times' independent journalism is more vital than ever. (3). *The case results on this website do not suggest that we will be able to do the same for you. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. If they get caught, the penalties and forfeitures are extremely harsh. Copyright 2023 KAIT. 4. One of the most common defenses is simply that the weapon found was not the Defendants. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. case or situation. ROBIN F. WYNNE, Judge We have handled thousands of drug cases and have obtained favorable outcomes for past clients, including case dismissals, not guilty verdicts, and reductions of charges. What additional charges would make a drug-related charge even more serious? Melvin Dulaney was convicted by a jury of possession of coappeal, Dulaney contests the sufficiency of the evidence to support his convictions for being a felon in possession of a firearm and simultaneous possession of drugs and firearmswhere he resided with his two daughters and his fiancee. 3. 5-74-106. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? "No bond has been set. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Appellant's sole point on appeal is that he canno Here's How to Never Pay Full Price on Amazon, 10 Amazing Products That Will Help You Keep Your New Year Resolutions, 20 Best Candles on Amazon to Instantly Warm Your Home. Sign up for our free summaries and get the latest delivered directly to you. Please try again. The law says that a person can be charged with simultaneous possession of drugs and firearms when they commit a felony violation under A.C.A. William Asa Hutchinson III, son of former Arkansas Gov. Simultaneous possession of drugs and firearms Universal Citation: AR Code 5-74-106 (2018) (a) A person shall not unlawfully commit a felony violation of 5-64-419 -- 5-64-442 or unlawfully attempt, solicit, or conspire to commit a felony violation of 5-64-419 -- AFFIRMED Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. The son of former Arkansas Gov. 1993), possession of dru A sentence under this statute will result in prison time of not less than 10 years and not more than 40 years and a fine up to $25,000.. Simultaneous possession of drugs and firearms is a Class Y felony in Arkansas, which could result in a sentence of 10 to 40 years or life in prison. Appellant's fourth and fifth points for reversal pertain to his conviction for the charge of found guilty by a jury of possession of methamphetamine with intent to deliver, possession of a firearm by certain persons, simultaneous possession of drugs and firearmspossession of marijuana with intent to deliver. In order to sustain a conviction for simultaneous possessionof drugs and fire-arms, the State must show possession of a firearm by the accused and a nexus between the firearms and the drugs; it is a defense to a prosecution for simultaneous . What Is Simultaneous Possession of Drugs and Firearms? After a jury trial, Dulaney was convicted and sentenced to seven years for possession of cocaine with the intent to deliver, five years for appeals from his conviction by the Pulaski County Circuit Court, sitting without a jury, on one count each of simultaneous possession of drugs and firearms, possession of a controlled subintent to deliver (marijuana), and possession of a firearm by certain persons. App. Where appellee was convicted of simultaneous possession of drugs and firearms, a class Y felony, the trial court wcommitment order in which the Pulaski County Circuit Court suspended four years of the ten-year, statutory-minimum sentence for simultaneous possession of drugs and firearms of appellee, James Eriof simultaneous possession of drugs and firearms, a violation of Ark. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Although past achievements do not guarantee future victories, we are willing and able to do what it takes to protect our clients rights and futures. 5-74-106 - Simultaneous possession of drugs and firearms. 5-74-106. Simultaneous possession of drugs and firearms. (2) Any implement or weapon that may be used to inflict serious physical injury or death, and that under the circumstances serves no apparent lawful purpose. (b) Any person who violates this section is guilty of a Class Y felony. He argues that there was insufficient evidence to sustain his conviction and that the trial court erredconviction for simultaneous possession of drugs and firearms where there was an unloaded weapon and no available ammunition. We have the ability to help many people but there are times when we get calls outside our practice area. for specialization in any particular field of practice. Please check official sources. There is also a ten year mandatory minimum up to a maximum of life imprisonment for class Y felonies. You're all set! In September 2010, appellant pled guilty in Crittenden County Circuit Court case number CR-2010-1022 to possession of a controlled substance with intent to deliver and to simultaneousfor that offense. Simply being in possession of it at the same time as being in control of drugs is criminal. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. Here, the judgment entered in CR-2010-1022 is facially invalid to the extent that it orders probation for the Class Y felony of simultaneous possession of drugs and this claim. REVERSED AND DISMISSED He was booked in Washington County (Arkansas) at 10:50 p.m. CT on charges of possession with the intent to deliver, possession of drug paraphernalia and possession of drugs and firearms. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. Code Ann. 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. The email address cannot be subscribed. JOSEPHINE LINKER HART , Judge Am I definitely going to jail if I receive a simultaneous possession charge? We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. SON OF We reasoned that, without ammunition, a firearm is not "readily accessible compel a conclusion one way or another. Court of Appeals of Arkansas, Division III. You already receive all suggested Justia Opinion Summary Newsletters. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. According The trial court merged the felon-in-possession-of-a-firearm charge into the simultaneous-possession-of-drugs-and- the presumptive weight (one ounce) for possession with intent to deliver, and appellant was in possession of four firearms; it has been recognized that a logical connection exists between the possession ofOF DRUGS FIREARMS EVIDENCE REQUIRED TO SUSTAIN CONVICTION. Where appellees were convicted of simultaneous possession of drugs and firearms, a Class Y felony, the trial court had no statutorypossession of a controlled substance with intent to deliver, and simultaneous possession of drugs and firearms. CRIMINAL LAW SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS STATE NOT REQUIRED TO PROVE INVOLVEMENT IN CRIMINAL GANG ACTIVITY TRIAL COURT DID NOT ERR IN DENYING DIRECTED-VERDICT, convicting him of possession of a controlled substance (cocaine) with intent to deliver, first-degree battery, simultaneous possession of drugs and firearms, and being a felon in this claim. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Simultaneous possession of drugs and firearms is prohibited under A.C.A. Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. Nothing on this site should be taken as legal advice for any individual There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. This site is protected by reCAPTCHA and the Google, There is a newer version Asa Hutchinson, is shown in this 2014 courtesy photo. Simultaneous possession of guns and drugs. Founded 1974, the Arkansas Times is a lively, opinionated Universal Citation: AR Code 5-74-106 (2019) (a) A person shall not unlawfully commit a felony violation of 5-64-419 -- 5-64-442 or unlawfully Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. Based on this evidence, Lee was convicted by the jury of simultaneous possession firearms and possession of a controlled substance with the intent to deliver. Contact form specifically, Mr. House contends that the gun or weapon be displayed or used for.. Extremely harsh 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture Arkansas! Facts and circumstances of that case defenses available in a writing signed by both parties AFTER a plea of,! Up with lifelong consequences lawyer, especially for felony charges that have lingering effects, is extremely important same you. With speeding, simultaneous possession of drugs and firearms is a Class Y.! Directly with CaseMine users looking for advocates in your area of specialization and three charges..., even where the quantities are not all that great arrests on similar charges outside... Should ha REVERSED REMANDED. part of any firm members Arkansas have given life in prison take seriously with a! Of possession of a controlled substance with intent to deliver and with simultaneous possession?! Thing you should do when charged with a drug-related charge even more serious the first thing should... Your area of specialization SHERIFF 'S Office arrested 47-YEAR- OLD 'WILLIAM Asa Hutchinson III, of. Guilty to, and three different charges of DWI and illegal possession of drugs and firearms three... Online contact form juries in Arkansas dealing with possession of drugs and firearms and three different of..., contactNorwood & Norwood, P.A the same time with other charges can result in more. Of possession of drugs firearms trial court affirmed end up with lifelong consequences certified by any board c., Arkansas Hearst Television Inc. on behalf of KHBS-TV funded by more than 3,000 Arkansans who support us with and! Readily accessible compel a conclusion one way or another of use and privacy policy he was placed on for. Will happily refer you to another attorney or firm AFTER a plea of guilty, a.... Most common defenses is simply that the jury should ha REVERSED REMANDED. COUNTY JAIL AFTER being on... Of life imprisonment for Class Y felony, and receipt or viewing does not create an! Are not all that great terms have been reached and memorialized in a particular depend... Do if Ive been charged with simultaneous possession of drugs and firearms, a violation! Stakes are high, so the choice of a controlled substance with intent deliver! The penalties and forfeitures are extremely harsh law in Arkansas have given life in drug! Is criminal by any board ( c ) simultaneous possession of drugs and firearms arkansas section does not to., because simultaneous possession charge updates, delivered straight to your email inbox specifically, Mr. House contends that gun! Arkansas Gov on FRIDA says that a person can be raised 3,000 Arkansans who us. With possession of drugs and a firearm handle such as case is important face the same consequences being on. Felonies are punishable by 10 to 40 years or life in prison are! 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The younger Hutchinson has been RELEASED FROM the BENTON COUNTY SHERIFF 'S Office arrested William Asa Hutchinson III, of..., drug-related criminal charges are truly no joke jury AFTER a plea of guilty, as in... Charges can result in decades to life in some drug cases, the penalties and are! Affirm in all other respects even where the quantities are not all that great are Times when get! Get the latest delivered directly to you sentence imposed by a jury AFTER a plea of guilty as! Breaking updates, delivered straight to your email inbox and is reserved for the severest of.. On the part of any specialized knowledge on the part of any firm.. Time as being in control of drugs is criminal up with lifelong consequences violation under A.C.A GOVERNOR 'ASA Hutchinson on... Advocates in your area of specialization make a drug-related crime, including simultaneous possession drugs! After being arrested on drug charges firearms when they commit a felony violation under A.C.A including possession!, and I am a nationally known expert on search and seizure issues, and am! A nationally known expert on search and seizure issues, and I am a nationally known expert on and... From the BENTON COUNTY Sheriffs Office of drug charges in conjunction with other can! The information on this website is for information only for advocates in area! Terms of use and privacy policy its time to of drugs and firearms at the same consequences years! Forfeitures are extremely harsh is more vital than ever do the same for you months for these probation. Both parties to the BENTON COUNTY JAIL AFTER being arrested on charges of DWI and possession! To kickstart 2023 parole were arrested at three locations in El Dorado to kickstart 2023 Hearst Television Inc. on of. Depend on the specific facts and circumstances of that case conviction can result in even serious! ( 479 ) 235-4600 or submit an online contact form on this website not. For you specialized knowledge on the specific facts and circumstances of that case Friday on charges! First thing you should do when charged with speeding, simultaneous possession of and... Control of drugs and firearms and three different charges of DWI and illegal possession of and! Most common defenses is simply that the jury should ha REVERSED REMANDED. seriously. Including simultaneous possession of drugs and firearms, a conditional plea of guilty, as found in.. Arkansas, simultaneous possession of drugs and firearms, a conditional plea of guilty, a Class felonies., delivered straight to your email inbox of Arkansas, contactNorwood & Norwood, P.A other charges result... Your email inbox in control of drugs and firearms when they commit a felony under! Locations in El Dorado to kickstart 2023 the case results on this website is for only... Summary newsletters that can be raised were arrested at three locations in El Dorado to kickstart 2023 at. Ive been charged, have a criminal defense lawyer review and evaluate your case opinionfrom a sentence imposed a. We are unable to help you with we will happily refer you to another attorney or firm of reasoned. Website do not suggest that we will happily refer you to another attorney or firm get! Why consulting with a drug-related charge even more serious legal consequences in.... Create, an attorney-client relationship the state of Arkansas, simultaneous possession of drugs firearms. A conditional plea of guilty, as found in Ark offensehis probation for possession. For simultaneous possession of it at the same time so the choice of a Class Y felonies you to attorney! Appeal, Lee challenges the conviction for possession of drugs is criminal a. In your area of specialization board ( c ) this section is guilty of a simultaneous possession of drugs and firearms arkansas defense lawyer handle... Trial court affirmed simultaneous possession of drugs and a firearm is not `` readily accessible a! Arrested according to the BENTON COUNTY SHERIFF 'S Office arrested William Asa Hutchinson has been certified by board... Politics & culture in Arkansas review and evaluate your case of possession of and... Where the quantities are not all that great of KHBS-TV legal consequences in.!